What Happens if More Than One Person Is Responsible for My Accident Injuries?

In some situations, no single party is at fault in an accident. An accident can be a result of several contributing factors. For example, you may have been injured in a car accident caused by the negligent acts of two drivers. In this case, both drivers are responsible for your injuries. Besides car and auto accidents, compensation for injuries resulting from slip-and-fall accidents or wrongful death cases can also be sought from multiple parties if more than one person is responsible for the accident.

It is vital that you get an experienced California personal injury lawyer who will help you understand the exact nature of your case and how you can get the best possible compensation for your injuries.

How Is Fault Determined When Multiple Parties Are Responsible for My Injuries?

California is a pure comparative negligence state. This means a person is only responsible for paying your damages in proportion to their liability in causing the accident. Therefore, each party in the claim can be found to be partially at fault, including the plaintiff.

For example, if a driver ran a red light and crashed into you, they were at fault. However, if you yourself were speeding, the defendant would argue that if you had been driving at the speed limit, you would not have been at the intersection where you were hit. In this case, you may be found to be partially at fault. Each party’s responsibility must be weighed when awarding compensation in a personal injury claim. To understand what happens in cases in which multiple persons are responsible for injuries caused in an accident, we need to look at the ‘Joint and Several Liability’ doctrine.

What Is Joint and Several Liability in California?

It is a legal concept used in some states, including California, that ensures the injured party gets their due compensation. In California, it applies specifically in cases where more than one party is responsible for the damages caused to the plaintiff, even when one party may have caused a small percentage of the injury. The purpose of this doctrine is to protect injured parties from being unable to collect compensation even when the main party at fault is judgment-proof, poor, or insolvent.

To understand this doctrine further, let us consider the following example:

An employee at a large store was moving boxes using a forklift. In the process, several packages fell and struck a customer who was shopping. In addition, the store had hired a mechanic to fix some balancing issues on the forklift, but the mechanic had done a shoddy job. In this case, the employee, the store, and the mechanic are all responsible. The customer suffered economic and non-economic damages. Whom do they file the lawsuit against?

Determining Liability

All three parties were responsible for the injuries suffered by the customer. On the one hand, the employee failed to properly seal off the area where the forklift was being operated. In addition, operating the forklift over the customer was negligent. On the other hand, the store is responsible for the employee and thus is also liable. The store is also responsible for training the employee on safety protocols and is accountable for not providing them. Finally, the mechanic is liable for the poor maintenance of the forklift that affected its functioning. The customer can name the employee, the store, and the mechanic in their claim.

Suppose the jury determines the employee is 60% responsible, the store is 30% responsible, and the mechanic is 10% responsible. The customer suffered both economic and non-economic damages. In such a case, if the employee and the mechanic cannot pay for their portion of damages, joint and several liability comes into play. In California, the general rule is that joint liability applies to economic damages, while several liability applies to non-economic damages. Let us begin by identifying these damages and how they can be compensated.

Economic Damages

This is any out-of-pocket expenses the injured party has spent or will spend in the future. Monetary damages can be proved using receipts, billing records, invoices, and repair estimates. Economic damages include, but are not limited to:

Actual medical costs incurred.
Future medical expenses.
Rehabilitation and other treatment costs.
Lost wages.
Loss of future wages.
Property damage.

The injured party can recover the total amount awarded from one of the parties, despite the fault percentages. This is especially important if the other defendant(s) is/are judgment-proof, poor, or insolvent. In our scenario, the customer will collect the entirety of the economic damages from the store (the one party with assets). The store will be responsible for recouping money from the other defendants.

Non-Economic Damages

These are non-monetary losses incurred by the injured party or their loved ones, for example, inconvenience, pain and suffering, physical impairment, emotional distress, and loss of consortium, among others. Each defendant will be held liable only for the amount of non-economic damages corresponding to their fault percentage. In our scenario, the customer can recover 10% of their non-economic damages from the mechanic and the remaining 90% from the store, as the store is responsible for their employee’s actions.

California does not place caps on non-economic damages payable in personal injury cases. However, the exception lies with medical malpractice cases with a current cap of $250,000 for pain and suffering.

Speak With an Experienced California Personal Injury Lawyer at Younglove Law Group

Accidents can be emotionally traumatizing and financially devastating. Whether it is an auto accident, motorcycle accident, bicycle accident, or any other form of accident, you deserve compensation for your injuries.

If you or your loved one have suffered personal injuries or non-economic damages due to the negligent acts of others, speak to the experienced personal injury attorneys at Younglove Law Group. Our award-winning and compassionate legal team are fierce advocates for our clients and are determined to pursue fair, maximum compensation for you and your loved ones. Call us today for a complimentary consultation at (949) 691-3660, or fill out our contact form.

September 22, 2022/by younglovelaw

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How to Prepare for an Initial Personal Injury Lawyer Consultation

A consultation is the first meeting you will have with a personal injury lawyer, during which you can discuss the specifics of your case, get legal counsel, and eventually decide whether to retain that lawyer to represent your interests.

And although your attorney is there to assist you with your case, if this is your first time filing a personal injury lawsuit, you might not know how to prepare for your meeting with them. Meeting with a lawyer might make you feel a little unsettled, but knowing how the meeting will proceed and being ready to respond to their questions can help you feel more at ease. At Younglove Law Group, we are here to give you the peace of mind that comes from knowing that we are fighting for the justice you deserve and are committed to achieving in your case.

How Can a Personal Injury Lawyer Aid in My Case?

California has extremely complex personal injury laws. Self-represented litigants frequently face formidable obstacles that are nearly impossible to anticipate without legal training and experience. Since every case is different and has its specific facts and circumstances, it is crucial to your future that you have a knowledgeable and skilled lawyer fighting for you.

Here are some ways a lawyer might assist you with your case:

Counsel with the other party to reach a fair agreement.
Give knowledgeable advice on laws and the local court system.
Investigate all the facts and assist you in building a strong case.
Gather statements from witnesses.
Collect supporting documentation for your case.

A skilled lawyer is your best bet for securing a desirable outcome.

What to Expect During an Initial Consultation

During the first meeting, the lawyers will generally ask the client several questions about how the incident happened, what injuries were sustained, and the treatment provided thus far. They will also seek to comprehend the client’s treatment plan for the future. During the initial consultation phase, participants should be prepared to respond to numerous inquiries and possibly provide records or documents.

There are several options for how to conduct initial consultations. Some clients prefer to meet with the lawyer for an initial consultation. In most cases, clients will want to call the lawyer to discuss their case, clarify any questions they might have about the retainer agreement, and gain a better grasp of the claim process. Sometimes, clients are content to go through the intake procedure and review their claim file with a member of the attorney’s staff before speaking directly with a lawyer.

The actual details of the initial appointment will rely heavily on the incident that led directly to the claim in question. A victim of personal injury should seek a legal representative who is knowledgeable about and experienced in handling cases of a similar nature. With this information and experience, the lawyer will be able to handle the claim for the injured party in the best way possible by drawing on their skills and understanding of what to do.

What to Bring to Your Consultation With a Personal Injury Attorney

The most crucial thing you should do if you are seriously injured in an accident is to seek medical attention immediately. In light of this, you should also make an effort to gather various types of supporting documentation to strengthen your case and get ready for your initial appointment with a personal injury attorney. The following are just a few examples of the supporting documentation you should, if at all possible, carry to your initial consultation:

A copy of all medical records outlining the nature of the accident, the injuries you suffered, the period you missed from work, and the expenses of your medical care.
Any images or video files of your accident.
Contact information for witnesses.
A duplicate of the police report written to document the incident.
A list of possible questions to ask your lawyer.
Any interaction you might have shared with or received from the insurance provider for the other party.
Your insurance information, such as car or health insurance.

This may appear to be an enormous amount of documents to bring with you when meeting them for the initial time, but they are all important to your case and will help you and your personal injury lawyer get on the same page from the start. In this manner, they will be fully aware of what took place and will be able to decide immediately whether to accept your case or not. All these documents will aid your attorney in understanding your situation, but you must also feel confident in them and be sure they are the right choice for you, too.

Questions to Ask Your Lawyer

You want an attorney who is a good fit for you. Before hiring a lawyer, you might want to be aware of a few fundamental facts, even though every lawyer has their practice style and procedures. Here is a list of concerns to inquire about during the consultation. Making a list ahead of time will avoid disregarding essential information. During a consultation, you might think about asking the following questions:

Do you believe I have a good case?
Do you have an estimate for the potential value of my case?
How long do cases like mine typically take to complete?
How will the fee structure be determined?
How long have you been in the legal profession?
Do you have experience handling cases similar to mine that involve accidents and injuries?
How many cases do you have at the moment?
What is the organizational structure of your law firm?
Will you be my main point of contact, or will someone else do that?

These inquiries should give you a good idea of the lawyer’s capabilities, the strategy they will use to handle your case, and what communication with the lawyer will be like throughout the case. This should make it easier for you to decide whether you want to continue working with this attorney or look for different legal counsel.

Contact Younglove Law Group for an Experienced California Personal Injury Lawyer

At Younglove Law Group, we understand how daunting it can be to meet with a personal injury lawyer for the first time. We want to ensure that your legal system experience is as pain-free as possible. We will handle the legal aspect of the case for you because we know that you are already coping with your injuries and working to recover.

Our California law firm approaches each case with a client-focused mindset, ensuring our clients always feel valued and heard. For a free and confidential consultation, call our top-rated personal injury attorneys at (949) 691-3660 or fill out our contact form.

September 16, 2022/by younglovelaw

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How Do You Calculate Loss of Enjoyment of Life in a Personal Injury Claim?

There are some accidents that can leave lasting negative consequences on your day-to-day life. You may not be able to partake in activities you used to enjoy, especially if you are facing permanent disability or emotional or cognitive impairment. Non-economic damages can be debilitating, and you may be able to recover damages associated with the emotional toll an injury can have on your quality of life after an accident.

At Younglove Law Group, we are unwavering in our dedication to fighting for the full compensation you are owed as a result of someone else’s negligence. We have recovered over 40 million dollars in settlements and verdicts for victims who have been affected by personal injury, helping them obtain the justice they deserve. We understand the toll non-economic losses can have as you try to recover after an accident. As an award-winning legal team, we offer legal guidance throughout the claims process to bolster your chances of success.

Overview of Loss of Enjoyment of Life Damages in a California Personal Injury Claim

Loss of enjoyment of life damages refer to the diminishment of enjoyment in daily tasks after sustaining a serious injury after an accident. This can include activities such as hobbies, experiences, or being able to participate in other life events that you may have been able to do before your accident, such as the following:

Recreational activities
Traveling
Career
Family bonding activities
Social engagements
Volunteer activities
Running errands
Doing household chores

If you have experienced a catastrophic injury accident, you may be able to recover loss of enjoyment of life damages in a California personal injury claim with the help of an experienced personal injury lawyer at Younglove Law Group. We understand the necessary evidence required to compare and quantify the losses you have experienced and help you recover the complete compensation you are owed.

How to Calculate Loss of Enjoyment of Life Damages in a Personal Injury Claim

Calculating non-economic damages such as loss of enjoyment of life can be challenging without the help of an experienced personal injury lawyer. Due to the lack of tangible evidence, such as medical bills, a lawyer can calculate the loss of enjoyment of life damages based on unique factors specific to your life circumstances and the impact of injuries, including the following:

The severity of the injuries you sustained
Future impact of your injuries
Permanent scarring, disfigurement, or disability
How injuries impacted your career
The type of activity that you can no longer enjoy
Your age
Your educational background

Loss of enjoyment of life damages are typically calculated by analyzing and comparing the current state of your life before and after sustaining an injury in an accident. Evidence that can help prove the toll your injuries have had on your day-to-day life can include a physician’s testimony to why you have lost certain abilities and how that loss impacts you, testimony from friends and family on what you used to enjoy in your former life, or photo and video evidence depicting the activities you used to enjoy.

With the help of the skilled Younglove Law Group personal injury lawyers, we can help build a robust claim on your behalf by obtaining valuable evidence depicting the loss of enjoyment of life.

Speak With the Experienced California Personal Injury Lawyers at Younglove Law Group

Suffering a catastrophic accident can leave more than just physical consequences. At Younglove Law Group, we understand how essential loss of enjoyment of life damages can be in your personal injury claim. We are determined in our pursuit of justice so you can obtain the complete compensation you are owed for the suffering you were subjected to.

We have recovered over $40 million in settlements and verdicts for victims affected by personal injury accidents and have fought for the non-economic losses they deserve. Schedule a free case review with our award-winning legal team by calling (949) 691-3660 or filling out our contact form today.

September 10, 2022/by younglovelaw

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Understanding Premises Liability in California

Unintentional injuries result in over 97.9 million emergency department visits among Americans. Unfortunately, many of these injuries are due to the negligent actions of another. California law requires property owners and occupants to keep their properties reasonably safe and warn visitors of any potential dangers that might not be obvious.

Injury victims can file personal injury claims against a negligent property owner for damages from an accident on their property. At Younglove Law Group, we understand how life-altering your injuries can be for you and your family. Our California premises liability lawyers provide legal representation, support, and the guidance you need to recover maximum compensation from the at-fault party. Call us to help secure your family’s future while you recover and focus on your loved ones.

What Is Premises Liability in California?

California premises liability laws place certain responsibilities, called duties, on landowners for the safety of those who enter their property. The duty of care imposed on landowners is found under California Civil Code 1714(a). The law places a duty of care on anyone who owns, rents, or manages property to:

Keep the property in a reasonably safe condition.
Inspect and repair any potentially dangerous condition and/or warn visitors of lurking dangers.

While devastating injuries can be sustained on another’s property, that alone does not automatically qualify a victim for compensation. You will have to prove the property owner was negligent in their actions. Our experienced personal injury attorneys will help you gather evidence to prove:

The defendant owed the victim, a visitor on the property, a duty of care.
The defendant breached their duty by not ensuring their property was safe for visitors.
The victim’s injury was a direct result of the defendant’s negligence.
Damages were suffered by the victim.

Proving the property owner breached their duty of care depends on what a reasonable property owner would do in a similar situation. The jury will consider the following factors to determine if the defendant breached the duty of care:

The property location.
Likelihood of a person using it in the same way.
Chance of an injury.
The potential severity of an injury.
Whether the owner should have known or knew about the condition.
The difficulty and cost to prevent the risk.
Whether any warning of the risk was given.
The degree of control of the owner over the risky condition.

Younglove Law Group lawyers are well-versed in California premises liability laws to help you establish proof in a personal injury lawsuit. We are committed to getting you justice and battle for the maximum compensation you need to recover.

Common Causes and Types of Premises Liability Cases

Premises liability laws cover a range of accidents and injuries on properties. However, the most common type of premises liability claim is a slip-and-fall accident. Falls are the number one cause of occupational injury and the second-leading cause of death in the construction industry. They are responsible for a full 15% of accidental workplace deaths. Slip-and-fall accidents can be caused by:

Wet floors.
Ice or snow.
Oil spills.
Loose carpets.
Faulty staircases.
Food debris.
Uneven walking surfaces.
Spilled drinks or liquids.
Cracked sidewalks.

Construction sites are common sources of premises liability lawsuits in California. They pose a risk to passersby, visitors, and workers alike, resulting in electric shock injuries, scaffolding injuries, roofing accidents, crane accidents, and ladder injuries.

Other common premises liability cases involve, but are not limited to:

Waterpark and amusement park accidents.
Dog and animal bites.
Exposure to toxic substances.
Escalator and elevator accidents.
Unsecured or falling objects.
Swimming pool accidents.
Safety code violations.
Assaults and attacks due to negligent security.
Collapsing structures.

Premises liability accidents can happen even to the most cautious person if a property is not well maintained. Unintentional injuries can also occur in any type of property, including amusement parks, apartment buildings, parking lots, office buildings, retail stores, residences, and even government buildings. Our attorneys are knowledgeable about different forms of premises liability claims and the specific laws governing them in California.

What Damages Can I Recover in a Premises Liability Claim in California?

California laws allow you to sue an individual or entity responsible for your injuries on their premises. This includes property owners, renters, managers, and others controlling the property. Keep in mind that your status as a visitor to the property also determines whether or not you are eligible for compensation. The status of a visitor comes in 3 categories:

Invitee: This does not have to be a formal, written, or verbal invitation. It can be open doors implying you are invited inside.
Licensee: The licensee has the consent of the property owner to visit to use something on the property.
Trespasser: A trespasser enters a premises without the owner’s consent. As a result, the owner is not obligated to warn them of a dangerous condition and is much less likely to be liable for any injury suffered.

Premises liability accidents can cause severe, life-threatening, and life-altering injuries that can require life-long care and rehabilitation. You can seek present and future economic and non-economic damages, including:

Past and future medical expenses (hospital bills, ambulance, surgery costs).
Lost wages.
Property damage.
Lost earning capacity.
Disfigurement and scarring.
Pain and suffering.
Loss of limbs.
Wrongful death.

Consult with an experienced California personal injury attorney to determine the total compensation you deserve. Our team at Younglove Law Group will consider the severity of your injury, medical expenses, and other relevant factors to calculate fair compensation.

How Younglove Law Group Can Help With Your California Premises Liability Case

Premises liability cases can be complicated due to multiple possible liable parties. Insurance companies also tend to refuse to pay for damages or offer low settlements to injured victims. A professional lawyer can protect your interests and help ensure you get maximum compensation for your damages.

We will guide you every step of the way and:

Investigate your unique circumstance to determine the cause and the liable party. We will also prove how their negligent actions led to your injuries.
Track down witnesses and gather evidence for your case.
Review your damages to determine maximum compensation for your injury, physical pain, and mental anguish.
Notify the liable party of our legal intentions.
File a personal injury claim.
Negotiate a fair settlement on your behalf with the responsible insurers.
File a lawsuit if the insurance company fails to offer fair compensation.

We understand the financial strains you might face following a premises liability accident. We work on a contingency fee basis to ensure you do not use money from your pocket. Our legal fees come from your compensation; you will not have to pay us if we do not win your case.

Contact California Premises Liability Attorneys at Younglove Law Group Today

Younglove Law Group provides compassionate legal representation, guidance, and support during this unfortunate time. You can trust our lawyers to navigate the complexities of this process to get you the maximum compensation you rightfully deserve.

If you or your loved one have sustained an injury on someone’s property due to negligence, call our personal injury lawyers at (949) 691-3660 for a free consultation. You can also fill out our contact form.

September 5, 2022/by younglovelaw

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Can Passengers File Rideshare Accident Claims?

The convenience that rideshare services offer is unmatched, especially as its popularity has grown tremendously over the past several years. When you hail a ride through services like Lyft and Uber, you expect that they’ll pick you up and drop you off at your destination without any incidents. Unfortunately, however, rideshare services have their fair share of accidents. A recent University of Chicago study established that rideshare services have contributed to a 3% rise in car accident fatalities since they were rolled out, translating to almost 1,000 fatalities annually.

A rideshare accident can make your life chaotic and challenging. When such an accident occurs, it helps to know the party to hold responsible that will provide coverage for any damages caused. At Younglove Law Group, our knowledgeable attorneys can work with you during a free consultation to evaluate your accident and help file a rideshare claim accordingly.

Parties to Hold Responsible after a Rideshare Accident

If you or your loved one is in a rideshare accident, the first legal step is to determine liability. In many cases, the liable party is the rideshare driver. However, like any other car accident, it’s vital to prove the driver had a duty of care and violated this duty, causing the damages sustained. Additionally, whether the driver was logged onto the rideshare app at the time of the accident, how many other parties were involved, and other considerations will be relevant to proving liability.

Several scenarios apply to rideshare drivers when determining liability and who will cover the damages caused. For example, consider the following:

The driver was offline and wasn’t logged on: The vehicle isn’t on duty, and the driver’s personal auto insurance policy covers any damages caused by an accident.
The driver logged on and was waiting to pick up a passenger: While the driver’s insurance policy may apply, the rideshare company will typically cover damages caused by the driver.
The driver is logged onto the app and transporting you to your destination: While the driver’s insurance policy may still apply, the rideshare company’s insurance policy is generally primary and provides more coverage for your damages.

Apart from the rideshare driver and their insurer, other parties to hold liable include the rideshare company’s insurer, or any other third party, such as another driver and their insurer.

Determining liability is usually a rigorous legal process that you can’t handle on your own without any legal expertise. To determine who’s at fault, consider consulting the knowledgeable rideshare attorneys at Younglove Law Group.

Does Rideshare Companies’ Insurance Protect Passengers?

Yes, it does. Rideshare companies’ insurance policies protect passengers, drivers, and third parties. When you are inside a rideshare vehicle as a passenger, that vehicle is regarded as being on duty. Therefore, as a rideshare passenger in active rideshare, the rideshare company’s insurance policy protects you in the event of an accident. You have the right to file a rideshare accident claim and seek a legal remedy.

Furthermore, the rideshare insurance policy might be more extensive than your own coverage and the driver’s personal auto coverage. Therefore, the rideshare company’s insurance policy is more likely to be able to fully compensate you for your damages. If you have rideshare coverage to pursue from being a passenger in a rideshare vehicle that was involved in an accident, the best course of action is to consult an experienced rideshare accident attorney who will guide you accordingly based on your unique case.

Understanding Rideshare Insurance Coverage

Rideshare services have various insurance policies depending on certain scenarios. However, none of these insurance policies offer coverage if the driver is offline and hasn’t logged onto the app, indicating they are ready to pick up passengers.

While there are various insurance coverage scenarios, the one that applies to you as a passenger is when the app is on, the driver has logged on and is driving you to your destination. In this scenario, the insurance coverage includes:

Underinsured/uninsured motorist bodily injury protection of varying amounts depending on the “phase” your driver was in at the time and which rideshare service you are using
Comprehensive and collision coverage for property damaged in the accident, with deductibles of $2,500 (Lyft) and $1,000 (Uber)
$1 million in liability coverage

Rideshare companies and their insurance agencies find loopholes to avoid taking fault and compensating you for your damages. Consulting an experienced rideshare accident attorney at Younglove Law Group will help protect your rights and increase your chances of getting compensated for your damages.

How to Protect Yourself After a Rideshare Accident

A rideshare accident can leave you with immediate severe injuries, while others might not be apparent until later. If you or your loved one are involved in a rideshare accident, your steps following the accident can significantly impact your claim and health. Following a rideshare accident, consider taking the following steps:

Stay calm and evaluate your situation. Check for injuries and determine how to move away from the wreckage if it’s safe to do so.
If anyone needs medical attention, call an ambulance right away
Call the police and report the accident. Also, insist on a detailed accident report that you’ll need for your claim
Gather the necessary evidence, such as photographs of the accident scene and witness statements and contacts. However, only do so if the scene and your condition allow it
Collect contact information and insurance from all parties involved, even if the police officer tells you it will be in their report
Seek medical attention immediately, even if you feel fine and don’t have any visible injuries. While you are there, ensure you get a detailed medical report for your own health and for your claim
Contact a rideshare accident attorney to evaluate your case and determine whether you would benefit from their assistance

If the authorities need your statement at the scene, you can give one if you are fit to do so. If other parties, such as the rideshare driver, the rideshare company, or any auto insurance (including your own), contact you, it’s best to have an attorney present in any conversations. An experienced rideshare accident attorney will evaluate your case and guide you through corresponding with each of the involved parties.

Talk to Knowledgeable Rideshare Accident Attorneys at Younglove Law Group

It can be confusing and challenging to know if you can file a rideshare accident claim if you are a passenger. Moreover, filing the claim is tricky and requires the expertise of an experienced rideshare attorney, such as those at Younglove Law Group. If you or your loved one have been in a rideshare accident, we can help you make the right decision.

Getting back on your feet and returning to a sense of normalcy after such an accident can be daunting. Fortunately, you don’t have to go through it alone; our compassionate rideshare attorneys will hold your hand and fight for your rights to compensation. Allow us to be a positive mark on your road to recovery by reaching us at (949) 691-3660 or completing our contact form.

August 21, 2022/by younglovelaw

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Does Wearing a Helmet Affect Motorcycle Accident Claims?

Motorcycle helmets are personal protective equipment that helps motorists prevent severe head injuries during accidents. Therefore, helmet use, or a lack thereof, could be considered key in assigning liability during motorcycle accident claims and cases. Failure to wear a helmet can give the at-fault party a loophole to assign partial liability to the injured motorist, reducing the compensation due for damages sustained.

Although it is illegal to ride a motorcycle without a helmet in California, you are still entitled to compensation in a motorcycle accident injury claim even if you were injured while not wearing a helmet. However, you may need to prove that your sustained injuries would have occurred regardless of whether you were wearing a helmet. If you are involved in a motorcycle accident without a helmet, consider partnering with experienced personal injury lawyers at Younglove Law Group to help discuss and solve your case.

California’s Laws on Motorcycle Accident Claims

If you were injured in a California motorcycle accident, you have 2 years from the date of the incident to file a claim for your injuries. In the case of a death, the 2 year time limitation starts from the date of the death. After the deadline elapses, the at-fault party or their insurer will have no legal obligation to pay compensation for damages. If you were involved in a California motorcycle crash, consider partnering with a personal injury lawyer from Younglove Law Group to help you properly file a motorcycle accident claim for maximum compensation.

Motorcycle accident claims presented in California courts are evaluated using the doctrine of pure comparative negligence. This doctrine means a defendant in a motorcycle crash is responsible for compensating the plaintiff proportionally to their share of liability in causing the plaintiff’s injuries.

For example, in a motorcycle injury claim in which the victim has 5% liability for the accident while the other party has 95% liability, the other party will be responsible for paying the plaintiff for 95% of their damages. However, a motorcycle rider who was not wearing a helmet would likely be considered to have breached their duty of care to other road users and be assigned a higher percentage of liability for their own injuries, reducing their compensation. Despite California’s helmet law, you are still entitled to compensation regardless of whether you were wearing a helmet. An experienced motorcycle accident lawyer can help you get the full compensation you deserve.

California Helmet Laws

California Vehicle Code Division 12 makes it unlawful to operate and ride a motorcycle where the driver and passengers lack helmets. The law claims that a safety helmet offers an additional safety benefit for motorists while on the road.

Motorcyclists and their passengers are also required to wear safety helmets that fulfill the standards of the Department of Transport mentioned in section 27802. The DOT-certified helmet should meet the following requirements:

Full face coverage and thick interior liner to withstand external force.
Chin straps fitted at the helmet shell to provide a firm grip on the head.
Three pounds minimum weight.
No protrusion outside the two-tenth inch from the shell.

A DOT standard helmet will have a DOT sticker on the surface, which you should maintain as evidence in case of an accident. Wearing a DOT-certified helmet will help with your claim, as it proves you took an extra step to protect yourself from the accident. California law requires motorists to abide by these regulations because DOT standard helmets are heavy duty and reduce the risk of brain damage during accidents by 69%.

Not Wearing a Safety Helmet Can Contribute to or Cause Accidents

There are instances when not wearing a helmet can contribute to or even cause an accident. When the motorcyclist’s and passenger’s heads are exposed, it is likely to intensify injuries experienced in any accident in which trauma is sustained to either of their heads.

Additionally, motorcyclists can experience injuries to their eyes, face, and ears from being hit by flying objects like sticks, rocks, and road debris while riding. Distraction and sight problems driving during winter or rainy seasons can also cause motorcyclists to experience physical injuries from collisions or accidents with other road users. In these instances, motorcyclists may receive reduced compensation for their injury claims or their claims may be completely denied for failing to wear a helmet.

Impact of Wearing Helmets on Compensation for Motorcycle Accident Claims

The victims of motorcycle accidents are entitled to compensation for the damages experienced as a result of the accident. You are entitled to compensation for motorcycle damages, medical expenses, pain and suffering, disability, loss of income, and wrongful death. Although the failure to wear a helmet may not change liability for the accident, it could affect the compensation you receive for your damages.

Motorcycle accidents can cause various injuries to a motorcyclist’s body, including injuries to the head, neck, arms, and legs. Head and neck injuries can be severe, as they can result in permanent disability and adverse mental outcomes that cause lifelong pain and loss of income. If you wore a helmet during the accident and experienced head and neck injuries, you should receive full compensation if you were not responsible for causing the accident.

However, if you were not wearing a helmet, you can be considered partially at-fault, which may lower your compensation amount due to evidence of comparative negligence. The defendant will likely present the claim that wearing a helmet would have resulted in less severe injuries. However, you can fight the claim by presenting expert witness testimony and medical records proving that your injuries were possible regardless of wearing a helmet.

On the other hand, if you experience injuries on other parts of the body, such as arms and legs, your failure to wear a helmet likely does not impact liability. In that event, you would therefore be entitled to full compensation for your injuries.

Contact the Experienced California Personal Injury Lawyers at Younglove Law Group Today

Although it is illegal to ride a motorcycle without a helmet, you are still entitled to compensation for the injuries you sustain during a motorcycle accident, even considering comparative negligence on your part. In case of a head or neck injury, you can reduce the amount of comparative negligence assigned to you by providing expert witness testimony that you would have experienced the injuries regardless of wearing a helmet. However, for injuries to other parts of the body, the helmet becomes irrelevant to the causation portion of your claim; hence, you are entitled to full compensation unless your failure to wear a helmet contributed to the cause of the accident.

Suppose you or a loved one is the victim of a motorcycle accident and needs to assert a motorcycle injury claim against the at-fault party, consider partnering with the experts at Younglove Law Group instead of self-representing. We have a professional team of lawyers equipped to provide legal counsel and handle negotiations and court proceedings regarding your motorcycle accident claims. Our knowledgeable personal injury lawyers will ensure you receive the appropriate compensation you deserve from the at-fault party whether or not you had a helmet during the accident. Call us at (949) 691-3660 or fill out our contact form online today.

August 15, 2022/by younglovelaw

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5 Mistakes to Avoid After Suffering a Dog Bite Injury in California

Just like many other pets, dogs are worthwhile to have around in part because they contribute to a healthy and active lifestyle. According to the Center for Disease Control and Prevention, nearly 38% of households in the U.S. own one or more dogs. The positive effects that come with keeping dogs cannot overshadow the fact that they can inflict serious injuries from their bites. This can escalate to a serious infection when not treated by a doctor.

Consequently, it is recommended to seek speedy medical assistance following a dog’s bite, which can lead to an infection. Fortunately, if you’ve suffered an injury following a dog bite in California, you can be eligible for compensation from the liable party. Partnering with a California dog bite injury attorney can be a beneficial step toward seeking compensation from responsible parties. If you’re a dog bite victim, the legal team from Younglove Law Group may be able to help fight for your legal rights.

Mistakes to Avoid Following a Dog Bite in California

Not everyone is conversant with the actions to take if they suffer a dog bite. Ignorance can be costly, as what you do after the bite could weaken your claim. Do not do any of the following after suffering a dog bite:

Not Seeking Medical Services

Most people do not feel compelled to seek medical attention after suffering a dog bite, especially if it seems like an injury they can tend to at home. What they do not know is that even a tiny bite from an infected dog can gravely affect their overall health. Promptly getting treatment from a qualified doctor gives you the best chance of a speedy recovery.

Neglecting to have your injuries tended to in a hospital can also weaken any case for compensation. Every dog bite injury attorney can attest that a medical record from a registered doctor is a great asset in building a strong claim.

Failing to Document the Attack

Understandably, victims of a dog bite are often disoriented after the attack to the point of forgetting that something like taking pictures of the fresh bite is important. Documenting the attack should start once you are in a safe location; however, do not share photos or your account of the attack on social media to seek sympathy from your followers. Building a strong legal case should be the main reason for taking pictures or a video of the dog bite. Consider taking pictures of the following:

The bite itself
Your surroundings after the dog bite takes place
The dog responsible for the bite
Medical reports and bills

If there were any witnesses to the attack, be sure to document them by taking down their contact information.

Lying to the Doctor or the Police

While it is understandable that emotions resulting from the dog attack might run high and tempt you to exaggerate what transpired, it is not a good idea to lie or exaggerate the attack story to the attending doctor or the police.

Your claim could be irreparably harmed if the opposing counsel can prove you lied or exaggerated. Give an honest account of the attack and leave the rest to your attorney. Rather than creating portions of your story to fill in any gaps in your memory, simply acknowledge there are some details you are having trouble recalling.

Contacting the Insurer

Severe dog bite injuries often result in huge medical bills. You can be tempted to contact the insurer to offset your medical bills, but this may not be in your best interest if your attorney is not involved.

Insurers know how to manipulate situations to protect their interests and pay out as little as possible. They can, for example, twist your narration of events in order to make it look like you are to blame for the dog attack. Even with strong evidence to back your claim, refrain from contacting insurance companies without first discussing it with a reputable dog bite injury attorney.

Not Reaching Out to an Experienced Attorney

You may believe that an attorney is not a requirement as long as you have solid evidence to back your claim. However, a dog bite attorney is indispensable regardless of the evidence you have. Their experience in representing dog bite victims can not only help to prove your case but to also get a fair and deserved settlement.

It is common for injured parties who attempt to go it alone to fail to get fair compensation, even with a strong case. This is because the opposing party can take advantage of your underrepresentation to undermine your case. An attorney can argue your case and prove to the jury that the injury has caused you pain, emotional distress, and inability to work.

Understanding California’s Legal Approach to Dog Bites

Just like most U.S. states, California cares for dog bite victims and has laws to defend them. This state holds dog owners legally responsible for bites unless proven otherwise. Victims can pursue available legal options unless the dog’s owner provides evidence that the attack was actually the victim’s fault.

Dog bite victims in California can still get a partial settlement if found partly responsible for the bite, however. The compensation due to the victim of a dog bite can be reduced:

If the dog owner can demonstrate that you provoked the dog, initiating the attack.
If the dog owner can prove that you were trespassing on their premises at the time of the dog attack.
If there is no evidence of dog ownership. For example, if a stray dog were to bite you there would likely be no dog owner to hold liable for your damages.

Even if you think you do not have a case due to overwhelming evidence stacked against you, do not hesitate to reach out to an experienced dog bite attorney for a free consultation. An experienced dog bite attorney is capable of turning around the case, even if you played some role in the attack without the knowledge that it could result in an injury.

Contact an Experienced Dog Injury Lawyer in California Today

You are entitled to compensation for damages resulting from a dog bite such as medical expenses, lost income, physiotherapy sessions, pain and suffering, as well as disfigurement. A dog bite injury attorney will help you understand your options. Their duties include investigating the attack, documenting evidence, and negotiating with insurance companies on your behalf to ensure you receive a fair settlement. In short, lawyers take up your case while you focus on recuperating.

Contact Younglove Law Group today to see if you might be our next success story. For a free consultation, call us at (949) 691-3660 or complete our contact form today.

August 10, 2022/by younglovelaw

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What Is the Timeline of a California Personal Injury Case?

If you’ve been injured in a California car accident, dog bite, slip-and-fall, or any other type of accident, the role of putting the pieces of your life back together again might seem confusing and overwhelming. Likewise, considering how unpleasant, upsetting, and unexpected personal injuries can be, you may be tempted to delay any legal proceeding. Still, timing is essential, and the sooner you act, the better your chances will be of receiving compensation.

While different personal injury cases require different timelines and procedures to complete, there are several crucial milestones typical to most cases in California. Understanding the possible timeline of your case can help you to prepare for the journey ahead, as well as get you a jump-start on what it takes to bring a case to trial. We’ve broken down everything you need to know.

Timeline for A California Personal Injury Case

While each state has its own pre-trial procedures, it usually takes between a year and two years before your case goes to trial. While waiting for Maximum Medical Improvement (MMI) is crucial, remember that it’s essential to file a lawsuit within a specific period of time or else you may lose the right to make any claim.

For most claims in California, you have two years from the date you were injured to proceed to court and file a lawsuit against the involved parties. This rule is strictly applied and has few exceptions. The most prominent exceptions are claims in which the plaintiff is a minor or not mentally competent to assert their claim, or if the defendant fraudulently evaded service or left the country.

Steps to Take After Being Injured in an Accident

Although the details of your case may vary, if you’re ready to file a personal injury claim, the general process is usually the same:

Get Medical Treatment

The first and most crucial thing you ought to do after being injured in any kind of accident is to get medical care. Even if the injuries seem relatively minor, it’s important to seek medical treatment. Doing so will ensure you receive a speedy diagnosis and treatment as well as establish a link between the accident and your injuries.

Find an Experienced Personal Injury Attorney

Getting the right attorney when you’re injured makes all the difference in personal injury claims. An experienced and reputable lawyer will guide you through every step, ease your concerns, offer you good professional advice as well as advocate for your case with efficiency and aggressiveness.

Initial Investigation Stage

Once you secure a top-notch attorney, the next stage is for them to start digging into the specifics of the occurrence. Your lawyer will seek and assess official documents such as work records, reports given by the police, witness testimonies, and video surveillance when available. They will also likely contact medical professionals in order to back up your position in the case.

Demand Letter and Settlement Negotiations

Using the gathered information, your lawyer will then formulate a demand letter to the party at fault. The letter states the facts of the incident, the legal reason why their insured is to be blamed, and also a demand for compensation. This usually begins the negotiation process, as the insurance company for the at fault party will often counter with an offer of its own.

Filing A Lawsuit

If the insurance carrier fails to reach an agreement on your insurance claim, your attorney may file a lawsuit. Your attorney will have the defendant served with the lawsuit. Once they are served, they have a specific period of time to answer accordingly. Once the lawsuit is filed, there are strict timelines that govern the claim and are overseen by the court.

The Claim Discovery Stage

After filing the lawsuit, the formal discovery process where each side exchanges information that is relevant to the lawsuit begins. The process includes interrogatories (written questions), requests for evidence/document production, requests for admission, and then the oral testimony taken under oath and recorded in depositions. During this process, your lawyer will be securing evidence for your case.

Discussions and Mediation

Your attorney can continue negotiating a settlement for your injury even as the lawsuit is ongoing. This may take place informally or formally through a court process called mediation. During mediation, a neutral third party listens to the arguments and evidence in the case and then makes a recommendation to try and help the parties attain a settlement.

During the mediation, your attorney will usually begin by making a demand, and then the defendant will respond with a counter-offer. Both parties then go back and forth, trying to reach a settlement.

Trial

If, even after mediation, the insurance company refuses to provide fair compensation for your injuries, it might be necessary to proceed to trial. During the trial, each party is given an opportunity to make arguments, question witnesses, and present evidence. After all the provided evidence has been heard, the jury or judge will make a decision as to damages and liability.

A personal injury trial might last days, weeks, or even longer, depending on the available facts as well as the nature and severity of your case.

Trust The Professional California Personal Injury Lawyers at Younglove Law Group Today

Regardless of whether you’re seeking compensation through an insurance settlement or you have to bring a personal injury lawsuit, the procedure can be overwhelming and time-consuming. An experienced personal injury lawyer can help relieve much of this burden by helping you understand and build your case.

If you’ve been injured in California and are thinking of filing a personal injury claim but don’t know where to begin, worry no more! Younglove Law Group has got you covered. As advocates of your rights, we’ll negotiate on your behalf, giving you enough time to focus more on your recovery and on getting back to what matters most in your life. We do everything within our power to help you secure the compensation and justice you deserve. Call us at (949) 691-3660 or fill out this contact form for any legal assistance today.

August 5, 2022/by younglovelaw

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Who Is Responsible if You Are Injured in a Theme Park Accident?

California theme parks can be filled with an abundance of fun and unforgettable experiences for any age. However, sometimes positive experiences at a theme park can be overshadowed by an injury and result in costly losses due to medical expenses, lost wages, and emotional suffering. You may be eligible to pursue an injury claim against the theme park under the laws governing premises liability.

Sustaining an injury in a theme park can be devastating. At Younglove Law Group, we offer knowledgeable legal guidance throughout the entirety of the claims process that can help you determine the best recourse for a premises liability claim. We work to vigorously advocate on behalf of victims in the pursuit of maximum and fair compensation.

Understanding Theme Park Premises Liability Claims

A theme park must provide the public with a safe environment in which to enjoy the theme park, including rides, activities, and general conditions. Liability for injuries suffered in a theme park is established if, for example, a theme park failed to uphold its duty of care when maintaining elements of the park.

Maintaining Duty of Care on Theme Park Rides

A theme park must ensure its rides are safe to use by the public for the foreseeable future, including maintaining restraints and railing, conducting frequent maintenance and inspections, and providing safety instruction and employee supervision as needed. Additionally, it is also possible that, along with a premises liability claim, an injured victim could also seek a product liability claim if the ride had a faulty design or a defect.

Maintaining Duty of Care on Theme Park Grounds

In addition to maintaining theme park rides, a park is also responsible for keeping the grounds of the amusement park free from dangers by swiftly repairing them and warning patrons. This may include warning signs, providing railing, cleaning up spills, etc.

You may also hold negligent employees accountable for any injuries you sustain due to their lack of duty of care, including failing to adequately instruct you about the proper use of rides and safety, failing to perform appropriate crowd control, and failing to control animals during shows.

Damages You May Recover in a Theme Park Injury Case

If you have sustained injuries due to a lack of duty of care, defective rides, or employee negligence at a theme park, you may be eligible to seek compensatory damages. Economic damages are calculated based on the value of losses you’ve endured from the theme park accident.

Economic losses may include the following:

Medical expenses
Lost wages
Loss of earning capacity

Punitive damages, awarded at the court’s discretion, may also be recovered in instances in which you have suffered severe injuries due to theme park or employee negligence that is especially harmful.

Non-economic damages are also recoverable if you have suffered subjective losses, such as emotional suffering and emotional distress. At Younglove Law Group, we help you determine the value of your claim and fight to secure the compensation you deserve due to theme park negligence.

Speak With an Experienced Theme Park Accident Lawyer at Younglove Law Group

If you have sustained injuries due to theme park or employee negligence, speak with an experienced California theme park accident lawyer at Younglove Law Group. We offer aggressive and strategic legal advocacy so you can secure the monetary compensation you deserve for the suffering you have endured.

At Younglove Law Group, we are dedicated to securing the compensation and justice you deserve. With over $40 million dollars recovered in settlements and verdicts, we tirelessly support our clients with compassionate and dedicated representation. Contact us for a complimentary case review by calling (949) 691-3660 or filling out our contact form.

July 20, 2022/by younglovelaw

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How to Help Your Child Cope After a Car Accident in California

As parents, we do whatever we can to protect our children, especially after a traumatic event such as a car accident. However, car accidents are distressing and may take time to emotionally recover from, especially for a young child. It is normal for your child to feel distressed following a car accident, but there are ways to help them cope so that feelings of safety and recovery return faster.

While there is no quick fix to managing a child’s response to a car accident, following their lead by answering questions and allowing them to express their feelings, seeking social support, following a normal routine, and focusing on the positives can help alleviate some of the emotional trauma they may feel. If you or your child have sustained physical injuries related to someone else’s negligence in a California car accident, you may be eligible to seek compensatory damages for any medical or psychological treatment needed for a full recovery.

5 Ways to Help Your Child Cope After a Car Accident in California

Car accidents may be distressing for young children and adolescents. Other than offering emotional support, there are five ways you can help your child cope after a car accident:

1. Follow Your Child’s Lead

Although you may think it is helpful to talk about the car accident, follow their lead to ensure that they are comfortable in expressing their thoughts and feelings about the event. Speaking about the accident in a factual manner may be helpful in removing overwhelming feelings of fear or anger. Validate their feelings and empathize that their feelings are normal.

2. Seek Necessary Social Support

Seek social support from positive people around you, especially when you have a support system like extended family. Allow them grace at school and speak to teachers about the event and how it may impact their performance as they recover.

3. Follow Your Normal Routine

Experts emphasize the importance of getting back to a routine following a car accident to provide them with stability and safety. When children experience trauma, they may begin to act out, revert to younger behaviors, become clingy, or require more attention.

If they begin to develop a fear of cars, create a strategy to go to their favorite places to associate cars with more positive emotions or use comforting items to help ease anxiety, such as favorite toys or blankets.

4. Spend Time Together

One of the best methods of helping your child cope with a car accident is to spend more time with them. This may help heal the emotional distress they feel. Activities like playing their favorite games, taking a walk, going to the park, or participating in other hobbies can help them recover from any trauma associated with the accident.

5. Focus on a Positive Outlook

It may be helpful to refocus the child’s mind on a positive outlook of a collision, such as physical well-being, the support offered by others, and the ease of car repair or replacement. This reinforces their resilience and healthy coping strategies to negative events.

Recovering Economic and Non-Economic Damages After a California Car Accident

Car accidents involving children can be overwhelming, as they are more vulnerable to physical and emotional suffering. Seeking prompt medical attention is essential to their recovery. Neglecting to obtain a medical evaluation may result in worsening conditions as injuries may be latent. You may be able to recover necessary economic damages for any medical expenses you incur when treating accident-related injuries.

If your child requires psychological treatment following a car accident, you may be able to recover damages associated with emotional suffering or distress and other types of emotional trauma.

Speaking with an experienced California car accident lawyer can help you build a solid case by conducting an investigation into the accident and determining liability so you may recover the compensation you deserve.

Speak With the Experienced California Car Accident Lawyers at Younglove Law Group

Navigating the complexities of a car accident claim alone can be stressful, especially if you are focused on the care and emotional recovery of your child. The California car accident lawyers at Younglove Law Group can alleviate the stress of recovering the necessary compensation you are owed by handling all aspects of your claim.

At Younglove Law Group, we are committed to compassionate and aggressive legal advocacy so you can recover the maximum compensation you deserve for the economic and non-economic damages you suffered due to someone else’s negligence. Schedule a free case review today at (949) 691-3660 or fill out our contact form.

July 15, 2022/by younglovelaw